Loading...
HomeMy WebLinkAbout05- Valley West Major Subdivision, Phase 3 . , . ~. , , , ". IVolley West, Phase 3 Modifications Major Subdivision Findings of Fact and Order #P-05013 I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF BOZEMAN LAKES, LLC & ASPEN FINDINGS OF FACT ENTERPRISES, LLC, REPRESENTED BY AND ORDER MORRISON - MAIERLE, INC, FOR PRELIMINARY APPROVAL OF VALLEY WEST MAJOR SUBDIVISION, PHASE 3. This matter came before the Bozeman City Commission on June 6, 2005, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, the Bozeman Unified Development Ordinance, and the B07;cman 2020 Community Plan. The applicant presented to the Commission a proposed Subdivision Preliminary Plat to allow 69.26 acres to be subdivided into 259 residential lots (including 24 townhome lots, 67 Restricted Size Lots (RSLs), 144 single or two-household lots, and 24 multiple~household lots), two park lots that will become part of the dedicated Meyers Park, 12 open space lots, and one remainder lot as submitted in its original form on March 9, 2005, #P-05013. The Commission held a public meeting on the preliminary plat and considered all relevant evidence relating to the public health, safety, and welfare, including the recommendation of the Planning Board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: FINDINGS OF FACT 1. On March 9, 2005, Bozeman Lakes, LLC and Aspen Enterprises, LLC., represented by Morrison-Maietle, Inc, submitted an application for approval for Phase 3 of Valley West PUD, a major subdivision resulting in 259 residential lots, two park lots that would become part of the dedicated Meyers Park, and 12 open space lots, and one remainder lot. The property is legally described as a tract of land being Tract 1 and portions of Tracts 2-4, Block 2, portions of Tracts 1-3, Block 1, and the original Cascade Street, Valley West Subdivision, situated in the NW 1/4 Section 10, T2S, RSE, P.M.M., City of Bozeman, Gallatin County, Montana. The subject property is zoned R-3 (Residential Medium Density District). 1 . . . ". . . IValley West, Phase 3 Modifications Major Subdivision Findings of Fact and Order #P-OSO 13 I property. The subdivision must be designed to ensure adequate water, sewer, and street capacity exist to support the proposed subdivision. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The fInal plat shall comply with the standards identifIed and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. These frndings include several code provisions that must be addressed with the Final Plat. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the City Commission hearing has been properly noticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility casements will be provided and depicted on the final plat. D. The provision oflegal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. All lots within the subdivision will have direct access to the dedicated public streets. ORDER After considering all matters of record presented at the public meeting, the Bozeman City Commission found that the proposed subdivision would comply with the Bozeman 2020 Community Plan and the requirements of the Bozeman Unified Development Ordinance, and the Montana Subdivision and Platting Act, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. 3 . , .,. IValley West, Phase 3 Modifications Major Subdivision Findings of Fact and Order #P-05013 I 9. The Superintendent of Public Facilities and Lands shall review and approve of the language in the Declaration of Protective Covenants and Restrictions for Valley West, particularly Article I "DefInitions" and Article X "Open Space and Common Areas." Further, the Declaration shall include language approve by the Superintendent to assure completion of parkland facilities and trails in the Valley West Park Master Plan and allowing the City of Bozeman, if necessary, to become a party to assessments for such completion and maintenance. 10. Storm Water Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots has been provided to the City Engineer. The applicant is advised that although the general storm drainage and grading concept has been reviewed, the submitted data will be subject to further review as part of the infrastructure plan and specification review process. 11. Stormwater generated by the proposed subdivision shall not be discharged into an irrigation ditch must. 12. The final plat must account for the ditch and the utility / drainage ditch easement along Ferguson Avenue. 13. The Developer's engineer has provided a comprehensive Design Report evaluating existing capacity of water and sewer utilities for the entire Valley West PUD. Detailed review and approval of the Design Report will be required as part of the infrastructure plan and specification review and approval process. 14. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specs, as well as all nearby fire hydrants and proposed fire hydrants. 15. Any easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width. While the final location of the water and sewer mains will be determined once the final street widths are approved, in no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/ or sewer mains are not located under or accessed from improved streets, a 12 foot wide all weather access drive shall be constructed above the utilities to provide necessary access. 16. Plans and Specifications for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre construction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 5 . . c " IVolley West, Phose 3 Modificotions Major Subdivision Findings of Fact and Order #P-OS013 I improved, as part of this development, to one half of a minor arterial standard and shall match the section built by Laurel Glen. City standard sidewalk, curb and gutter will be required in the standard location on the development's side of the street. Detailed review of the strcet and intersection design, and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. The Durston Road improvements areto be complete prior to filing the fInal plat of any phase adjacent to Durston Road. 27. The applicant is advised that building pennits may not be issued, in accordance with the following conditions that have been made to recent subdivisions in the vicinity of Durston Road: a. Building Pennits may be issued for no more than ~ 54% (Sub-phases a, b. c. and 1) of the subdivision, not to exceed ~ 24.8 net acres, as soon as September 15, 2005 provided Babcock Street or Durston Road improvements are substantially completed ("the road is being used") and_all other requirements for the issuance of a building permit have been met (i.e., completion and acceptance of necessary infrastructure improvements and the final plat). b. No building permits will be issued for the remaining 6-9- 46% of the subdivision until the construction contract for improvements to Durston Road from N. 19th Avenue to approximately Fowler Avenue has been awarded. 28. An update of the detailed Traffic Impact Analysis prepared by a qualified Traffic Engineer registered in the State of Montana has been provided to the City Engineer. The update shall address level of service evaluations for the following intersections: Cottonwood Road/Huffine Lane and Ferguson Road/Huffme Lane. The Report shall include recommendations for any necessary off-site roadway improvements. Detailed review and approval of the Traffic Impact Analysis will be required as part of the infrastructure plan and specifIcation review and approval process. 29. If an eascmcnt can be obtained for Eneboe Ave and Foster Street, adjacent to the undeveloped property, the entire street section exclusive of the sidewalk on the adjoining property shall be constructed. If the easement cannot be obtained, curb, gutter, standard boulevard, and sidewalk on the Valley West side, along with a minimum pavement width of 24' shall be installed. 30. The location of mailboxes shall be coordinated with the City Engineering Dcpartment prior to their installation. 31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to plan and specification approval. 32. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/ sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the Applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the Developer shall demonstrate to the City full permit compliance. 7 . .. . . . .. ' . .. IValley West, Phase 3 Modifications Major Subdivision Findings of Fact and Order #P-05013 I by following the procedures of Section 76-3~62S, MCA. The preliminary approval of this subdivision shall be effective for three years from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Unified Development Ordinance. DATED this 18th day of July ,2005. BOZE ,{AN rITY COMMISSION I - ~ \ ) ~ By: Andrew\.t. Cetraro Mayor, City of Bozeman A TIEST: APPROVED AS TO FORM: ~o/~ ?!l:ta 0d//M~ Robin L. Sullivan Clerk of the Commission City Attorney 9